Payne v. New York, Susquehanna & Western Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 14,1910, which purported to modify and as modified to affirm an order of Special Term denying a motion to cause the complaint to be made more definite and certain. The nature of the action, the questions certified, and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 14,1910, which purported to modify and as modified to affirm an order of Special Term denying a motion to cause the complaint to be made more definite and certain. The nature of the action, the questions certified, and the facts, so far as material, are stated in the opinion. There is but one cause of action, viz., that for personal injuries due to the negligence of the defendant, and the statutes create a new ground upon which negligence may be based rather…
1Opinion of the CourtWerner, J.
The learned Appellate Division of the second department has certified to us the following questions: 1. ‘‘In an action for damages for personal injuries by a servant against a master, is it proper for the plaintiff to plead in his complaint as one cause of action facts constituting negligence under the common law; facts constituting negligence under the Employers’ Liability Act of the State of Hew Jersey; and facts constituting negligence under the act of Congress known as the Federal Employers’ Liability Act, or any two of said *438grounds of liability ? ” 2. “ Should a plaintiff be compelled to…
2Cases cited7 opinions
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Welch v. Waterbury & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Harris v. Baltimore MacHine & Elevator WorksNew York Court of Appeals · 1907
- Acardo v. New York Contracting & Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Uss v. Crane Co.Appellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kemper v. Transamerica InsuranceCivil Court of the City of New York · 1969
- Gonsalves v. Petaluma & Santa Rosa Ry.California Supreme Court · 1916
- Delaware, L. & W. R. Co. v. YurkonisCourt of Appeals for the Second Circuit · 1915
- Cohalan v. New York World-Telegram Corp.New York Supreme Court · 1939
- Izzillo v. Mulkor Warehousing Co.New York Supreme Court · 1958
10 more not listed; retrieve them via the Exa API.